TERMS AND CONDITIONS
Due to the nature of the product, we will not be able to accept returned produce. Cherries are not considered "stock" we pick and pack to order fresh each day, perishable produce cannot be "re-stocked".
Once an order has been placed it cannot be cancelled, you will be charged for the order. Before confirming payment please ensure all details are correct, including your preferred delivery date.
Where you acquire or hold yourself out as acquiring produce or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavor to have and provide complete and accurate information but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website, email or phone.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any defective produce or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
By contacting us you opt to receive messages from us, we will contact you again in future at our discretion. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email with the subject unsubscribe.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.bigcherries.co.nz or www.bigcherries.co.nz
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.
We do not provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the quality of produce received is of a standard we deem defective we would like to hear feedback as it is appreciated so we can improve our service to you the customer, we will meet our obligations under the Consumer Guarantees Act to provide a re-delivery or refund on a case by case basis. We require notice and photo evidence of a defective box of Cherries within 48hours. The reason for this is that we triple check for quality assurance and quality is very important to us, should there be any legitimate issue we would like to know so we can improve our systems, service and product.
Should your order not arrive on your preferred delivery date, please note that this does not warrant a refund - we will always attempt to deliver based on your preferred delivery date, however should we have a rain event, restriction by couriers or another event outside of our control we will ensure delivery will be as close to your preferred delivery date as possible. Delivery date selection is a preference rather than a guarantee. For this reason please ensure you are available at the delivery address provided in your order 3 days either side of your preferred delivery date. Delivery on a date later than you have selected will still mean your Cherries are fresh as delivery is overnight.
Gift cards or voucher numbers can be refunded in full if not consumed at our discretion.
SECTION 1 - What do we do with your information?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer's internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): By you contacting us, we may send you emails about our store, new products and other updates.
SECTION 2 - Consent
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or contact us via email, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in and you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com
SECTION 3 - Disclosure
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our website and its service providers.
SECTION 4 - Third-Party Services
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Our website may use Google Analytics to help us learn about who visits our site and what pages are being looked at.
SECTION 5 - Security
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 6 - Age of consent
By using this site, you represent that you are at least the age of 18.
If our website is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
Questions and contact information
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, provide feedback, or simply want more information contact our team at firstname.lastname@example.org